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New Mexico Adoption

New Mexico Adoption

Quick Guide to New Mexico Adoptions 

New Mexico Adoptions

There are generally three ways a New Mexico adoption usually occurs: privately, through the Children, Youth, and Families Department (CYFD), or through a national program.  Each type of New Mexico adoption is discussed within this article.  

If you are thinking about New Mexico adoptions, you are usually advised to hire an NM adoption attorney (especially if you are seeking a private adoption).  The NM adoption process is highly complex, and although some adoptions remain simple, it’s still a good idea to hire an attorney.  

Laws for New Mexico Adoption

New Mexico law adoption is located in Chapter 32A of the state’s revised statutes.  Additionally, the state bar provides valuable information about qualifications for a New Mexico adoption. 

An adopting parent or parents must usually be 25 years old and at least 10 years older than the child in New Mexico adoptions.  Additionally, the state bar provides the following requirements of the biological parents for any New Mexico adoption: 

• the parents must consent to the NM adoption after counseling, and with the judge’s or with the approval of the head of an agency

• the parents must relinquish their rights to the CYFD voluntarily or because of abuse or neglect in the former household

• the court must give consent if a parent has left a child

Children are usually placed by the court or an agency in a New Mexico adoption, but in some cases, a private NM adoption may occur.  Different kinds of New Mexico adoptions are discussed in the following section. 

Different Types of New Mexico Adoptions

As mentioned above, a New Mexico adoption can occur privately, through the CYFD, or through a federal program for foster children.  Each type of New Mexico adoption is discussed below: 

Private NM Adoption

Private New Mexico adoptions between birthmothers and the adopting parents require the assistance of a family law attorney, and this type of adoption is still common within the state.  A private NM adoption can become complicated if a birthmother hands over her parental rights but then decides to keep the child.

In any case, a private New Mexico adoption will still need the approval of the court after investigation from a social service professional.  If couples are thinking of a private adoption, they need to consult with an adoption attorney before anything.  

New Mexico Adoptions through the CYFD

If you want to petition for a New Mexico adoption through the CYFD, you’ll usually adopt a child who needs counseling and other services because of experiences they had in an abusive or neglectful home.  Some of the services offered by the CYFD are for foster children, but a NM adoption is an option in many cases.  For more information

Federal Program

One of the most successful federal programs for foster children is the AdoptUSKids found at the following link: 

In order to adopt through this program, you’ll have to fill out an application and complete pre-service training.  You’ll find more information on these requirements in the link above.